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(영문) 서울중앙지방법원 2020.11.24 2019가단56693
건물명도 청구의 소
Text

The Defendant, as the Plaintiff

(a) deliver each building listed in the separate sheet;

(b) KRW 18,570,000 and its interest shall be December 2019.

Reasons

1. Basic facts

A. On January 10, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease period of KRW 2,550,00,000, monthly rent of KRW 2,640,00, and the lease period from January 15, 2018 to January 14, 2021.

B. The Defendant did not pay KRW 90,000, out of the monthly rent for April 2019, and KRW 18,480,000, out of the monthly rent for seven months from May 201 to November 2019, to the Plaintiff.

C. On July 18, 2019, the Plaintiff notified the Defendant of the intent to terminate the instant lease agreement on the ground that it was not paid as the monthly rent for at least three months.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 4 (including those with serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the lease contract of this case was terminated on July 18, 2019 due to the plaintiff's declaration of termination on the ground that it was overdue for not less than three months, the defendant shall pay to the plaintiff the real estate stated in the separate sheet (1) and (2) as to the unpaid monthly rent up to November 2019, the sum of 18,570,000 won (90,000,480,000) and the amount of unjust enrichment equivalent to the same amount (18,480,000) as well as 5% per annum under the Civil Act from December 13, 2019 to March 20, 2020, the delivery date of the copy of the complaint of this case, and 12% per annum under the provisions of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment, the defendant shall pay damages for delay calculated at the rate of 20,3.

3. The plaintiff's claim of this case is with merit and it is so decided as per Disposition.

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